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  • Read the passage and answer the question that follow.          The Supreme Court of India is the Apex Court and is the final

Read the passage and answer the question that follow.

         The Supreme Court of India is the Apex Court and is the final interpreter of the Constitution of India and its laws. The Court is also known as the guardian and the protector of the Fundamental Rights of the people of our country. The Supreme Court is the final Court of Appeal in all civil, criminal and other matters and thus helps in maintaining uniformity of law throughout the territory of India. At the commencement of the Constitution, the Supreme Court consisted of a Chief Justice of India and not more than seven other Judges. Parliament is empowered to prescribe, by law, a large number of Judges.
Article 124 of the Constitution of India does not prescribe the number of judges of the Supreme Court and the High Courts, which must be consulted by the Union Head while appointing such Supreme Court judges. In the case of S.C. Advocates-on-Record Association v. Union of India (Second Judges Case), the Supreme Court of India, had laid down the principles and prescribed procedural norms in regard to the appointment of Judges to the Supreme Court.
Article 124 of the Constitution of India lays down certain qualifications for a person to be appointed as a Judge of the Supreme Court of India. It follows that a person to be appointed a Judge of the Supreme Court must possess two essential qualifications. Firstly, he must be a citizen of India and secondly, he must possess any additional qualifications mentioned in the provision of the Constitution. Furthermore, a Judge of the Supreme Court of India may be removed as per the grounds laid down in the Constitution of India. The acts of ‘willful and gross misuse of office, purposeful and persistent negligence’ in the discharge of his duties, intentional and habitual extravagance at the cost of the public exchequer and moral turpitude by using public funds for private purpose in diverse ways have been held to constitute a relevant ground for the removal of a Judge of the Supreme Court, within the meanings of the Article 124 of the Constitution.

Question - From the following, determine the conditions that must be complied with before the passing of an order of removal of a Judge of the Supreme Court by the President of India.
(1) The order of the President for the removal of a Judge of the Supreme Court of India can only be passed on the ground of proven misbehaviour of such a Judge.
(2) The order of the President may be passed either before or after he has addressed both Houses of Parliament.
(3) The address of the President must be supported by each House of the Parliament by a majority of the total membership of each House.
(4) The majority of that House of Parliament must not be less than two-thirds of the members present and voting.

 

Option: 1

(1), (2) & (4) only

 


Option: 2

 (3) & (4) only


Option: 3

(2) only

 


Option: 4

All of the above

 


Answers (1)

best_answer

As per the provision laid down under Article 124(4) of the Constitution of India, a Judge of the Supreme Court of India may be removed by the order of the President of India on the ground of proved misbehavior or incapacity of such an erring Judge. The order of the President can only be passed after he has been addressed by both Houses of Parliament in the same session. The address must be supported by each House, by a majority of the total membership of that House and also by a majority of not less than two-thirds of the members who are present and voting in that session.

 

Posted by

Ritika Jonwal

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